NEWSLETTER-2019-metin

376 NEWSLETTER 2019 exercise the right of withdrawal if he or she expressly or implicitly waive, caused the breach that caused the withdrawal, has concluded the contract even though some of his or her questions have been left unanswered. The insurer may request the payment of the premium difference instead of withdrawing from the contract within 15 days of learning of the breach of the obligation of declaration 6 . However, the insurant may not be willing to accept to pay the premium difference requested by the insurer. The legislator has accepted that if the insurant does not accept the premium difference within 10 days, it will be considered as withdrawal 7 . Learning the Breach after the Risk Occurs If the insurant’s behavior contrary to the pre-contractual obliga- tion of declaration is learned after the risk has been occurred, the rights of the insurer shall be determined according to the extent of insurant’s fault. If the obligation of declaration has been violated by the insurer’s negligence, a reduction is made according to the degree of the neglect, the amount of the compensation or the price, or the degree of neglect that may affect the implementation of the risk. If the insurant has acted with intent and there is a connection between the breach and the risk occurred, the insurer’s obligation of compensation or payment shall be eliminated; if there is no connection, the insurer shall pay the insur- ance indemnity or price taking into account the ratio between the paid premium and the premium to be paid 8 . Conclusion The insurant’s obligation of declaration is very important for the insurer to identify the risk to be covered by the contract and to deter- mine the premium. Taking this into consideration, the legislator has included detailed regulations in the TCC regarding the obligation of 6 Article 1439(1) of the TCC. 7 Article 1439(1) of the TCC. 8 Article 1439(2) of the TCC.